By
Our Correspondent
18/03/04
ZIMBABWEAN cops once again blocked businessman and President Mugabe's
political ally - James Makamba’s bid for freedom Wednesday when
he was re-arrested immediately after a Harare magistrate ordered his
release from remand prison.

Magistrate
Judith Matsamba ordered that the former Telecel Zimbabwe chairman Makamba
be released after she declared his arrest and continued detention illegal.

“The
court rules that the arrest is illegal, as he should have been brought
on a warrant,” Matsamba said in front of a packed courtroom.

Makamba
is charged with 22 counts of "externalising" foreign currency.

She said the prosecution case had totally missed the point of the defence’s
contention that Makamba’s detention was illegal by concentrating
on bail. She said the issue was whether Makamba’s arrest was legal
under new corruption laws.

Makamba,
she said, should have been arrested after a warrant of arrest had been
issued which the police didn’t comply with.

But soon
after the prison authorities granted Makamba his freedom in front of
cheering supporters who included the writer, political commentator and
media mogul Ibbotson Day Mandaza, Zimbabwean police pounced.

As the
jubilant party waited outside the court, Makamba’s lawyer George
Chikumbirike emerged to announce a team of detectives had rearrested
Makamba and used a side entrance to take him to Morris Depot Police
Station.

Police
spokesman Wayne Bvudzijena said: “We applied for an arrest warrant
which a magistrate duly issued. He will be processed through the normal
police procedures. We can’t give a date when he is going to be
booked, or when he will appear in court.”

In a statement
Bvudzijena said an appeal had also been noted against Ms Tsamba’s
judgment and police acting on that, had rearrested Makamba.

In his
statement, Bvudzijena noted that Tsamba’s ruling was founded on
a High Court judgment by Justice Charles Hungwe who last week ordered
the release of businessman Cecil Muderede on the submissions by the
defence that police needed to obtain a warrant of arrest first before
effecting arrest for offences under First Schedule.

"Justice
Hungwe, according to magistrate Tsamba’s judgment, clearly stated
that such persons could be re-arrested on the strength of a warrant
of arrest. It is on this basis that Makamba and Muderede have been arrested.

"There
have, however, been a series of appearances by James Makamba in court
and it has been indicated that one of the charges Makamba is facing
is fraud, which is a First Schedule offence whereby police do not need
a warrant to effect an arrest," said Bvudzijena.

"These
issues arising from the court decisions are firstly the interpretation
of what constitutes a statutory First schedule offence whereby the police
may arrest an offender without a warrant.

"Where
the statutory offence calls for imprisonment for a period in excess
of six months with or without the option of a fine then that offence
is a First Schedule offence. Makamba’s offences fall within this
category hence it is a First Schedule offence.

"Secondly,
we have failed as the State to timeously obtain Justice Hungwe’s
judgment on Muderede’s application by the defence handed down
on March 12 2004 despite several visits and inquiries by both the State
counsel and the police investigating team. What has happened in such
situations is that accused persons have often absconded to some countries
where they have sought political asylum and it is difficult to have
them extradited back to Zimbabwe to face trial," he said.

"The
prevalence of such crimes has had a serious negative impact on the country’s
economy and national security especially on commodities, medicinal drugs
and even local currency shortages.

"The
police would like to assure the public that the force is determined
to ruthlessly deal with all forms of economic deviancy and we continue
to appeal to the public to supply us with information as regards such
crimes," Bvudzijena.